FCA Quiz Articles 1 & 2

Question 1

Which of the following statements relating to FC orders is false?

A. To be effective, an order must be signed with the judge’s signature or initials.

B. The original of a FC order is filed with the county court.

C. A FC order shall be in writing.

D. The court shall file or direct the filing of such order.

Answer 1

B

(FCA 217)

Question 2

. Which of the following persons does NOT have the right to free counsel if unable to afford counsel? A. Respondent in an article 10 proceeding. B. Petitioner or respondent (art 8 proceeding). C. Parent of child seeking custody. D. Petitioner in an article 5 proceeding.

Answer 2

D

(FCA 262)

Question 3

The court must file or direct the filing of a FC order within ____ days of the court’s decision or ____ days of settlement of the order on notice.

A. 20, 20 B.30,30 C. 45, 45 D. 60, 60

Answer 3

A

(FCA 217)

Question 4

T/F? Clerk of FC shall use discretion in giving out petition forms to persons requesting them.

Answer 4

False

FCA 216-b

Question 5

T/F? Any person assisting in the preparation of a FC petition shall exclude irrational allegations presented by the petitioner.

Answer 5

False

FCA 216-c

Question 6

T/F? Generally, no clerk or probation officer may prevent any person who wishes to file a petition from having such petition filed with the court immediately.

Answer 6

True

FCA 216-b

Question 7

T/F? If there is a question regarding whether or not the FC has jurisdiction, the clerk shall not assist in the preparation of a petition.

Answer 7

False

FCA 216-c

Question 8

FC orders must be filed where?

Answer 8

with clerk of FC in county of court making order

FCA 217

Question 9

The court shall file or direct the filing of a FC order within___days of the decision of the court, OR within ___days of settlement of the order on notice.

Answer 9

20….. 20

FCA 217

Question 10

In which counties is a child abuse part established?

Answer 10

in every county of NYS

FCA 117

Question 11

T/F? The FC has exclusive original jurisdiction over family offenses.

Answer 11

FALSE

FCA 115

Question 12

Designated felony parts are established in which counties?

Answer 12

in the 5 NYC counties

FCA 117

Question 13

T/F? A “duly authorized agency” may be a foreign corporation that has a place of business in NYS.

Answer 13

False

FCA 119

Question 14

An “infant” or “minor” is a person who has not attained the age of___________

Answer 14

18

FCA 119

Question 15

T/F? FC judge may dispense with formality of placing a minor under oath.

Answer 15

True

FCA 152

Question 16

When may a FC warrant of arrest be executed?

Answer 16

any day of week, any hour of day or night

FCA 153-a

Question 17

FCA 154-b A counterclaim in a proceeding requesting an OP, must be filed at least ____ days before hearing for the counterclaim to be heard on the hearing date.

Answer 17

5

FCA 154-b

Question 18

If a LCC issues an OP returnable in FC, the matter must be returnable the next day that FC is in session (but in no event more than ______calendar days after the issuance of the order).

Answer 18

4

FCA 154-d

Question 19

If an adult is arrested under FC act and court is not in session, adult must be taken to_______

Answer 19

most accessible magistrate to be arraigned

FCA 155

Question 20

Protective custody of material witness under 16 cannot extend more than ___ days without renewal.

Answer 20

14

FCA 158

Question 21

The maximum period (including extensions) of custody of a material witness under 16 is _____ days.

Answer 21

42

FCA 158

Question 22

T/F? A FC order may be enforced only in county where order was made.

Answer 22

False

FCA 171

Question 23

T/F? FC of one county must dismiss proceeding if venue is wrong.

Answer 23

FALSE

FCA 174

Question 24

Violation of probation proceeding may be heard in county where order was made or________

Answer 24

county where violation occurs

FCA 175

Question 25

The FC Act applies: A. in all criminal court proceedings B. in all civil and criminal judicial proceedings. C. in every county in NYS. D. only in counties with cities with a population greater than one million.

Answer 25

C

(FCA 112)

Question 26

Which of the following is false? A. A minor shall mean a person who has not attained the age of 18. B. A child abuse part is established in every FC. C. An infant shall mean a person who has not attained the age of 18. D. A designated felony part is established only in counties outside the city of New York

Answer 26

D

(FCA 117)

Question 27

Which of the following is false? A FC judge: A. may issue a warrant of arrest B. may administer oaths & take acknowledgments C. may issue a subpoena D. may not fix or accept bail

Answer 27

D

(FCA 153)

Question 28

Which of the following is correct? A. A FC judge may not issue a subpoena. B. A FC may send process outside the state in paternity proceedings. C. A FC warrant of arrest may not be executed on legal holidays D. A FC judge may not take acknowledgments & administer oaths.

Answer 28

B

(FCA 154)

Question 29

.If a person seeks a TOP as part of any proceeding in the FC, the person must be allowed to file the petition the same day the person appears in FC, and the hearing must be held: A. same day. B. same day or next day. C. same day or next day court is in session. D. within 3 days of filing the petition.

Answer 29

C

(FCA 153-c)

Question 30

FC can send process outside the state in______ and_____ proceedings. A. family offense & JD B. support & JD C. paternity & PINS D. support & paternity

Answer 30

D

(FCA 154)

Question 31

In a proceeding requesting an OP, a counterclaim must be served not less than ____ days before hearing if the counterclaim is to be heard on the date of the hearing. A. 1 days B. 3 days C. 5 days D. 4 days

Answer 31

C

(FCA 154-b)

Question 32

Choose the best answer. A lawful order of the FC of Kings County may be enforced in any other county: A. in New York City. B. adjoining the county of issuance C. where respondent resides. D. where respondent resides or is found.

Answer 32

D

(FCA 171)

Question 33

_______________ provides a way for children to achieve legal permanent residence, also known a “green” card.

Answer 33

Special Immigrant Juvenile Status

FCA Article 1

According to federal law, SIJS can only be granted by a state juvenile court such as a family court in New York State

Question 34

A juvenile court is any court with ________ to make” judicial determinations about the custody and care of juveniles.” The NYS Family Court has been recognized as having ________ over motions seeking the SIJS findings.

Answer 34

Jurisdiction, Jurisdiction

FCA Article 1

Question 35

The family court must determine if a juvenile meets the following requirements: (5 things)

Answer 35

(1) they are under 21; (2) the are unmarried; (3) they are either dependent on a juvenile court, or have been placed by a juvenile court under the custody of a state agency or department, or have been placed by a State or juvenile court under the custody of an individual or entity; (4) they are not able to reunify with one or both parents due to abuse, neglect, abandonment, or a similar basis; and (5) it is not in their best interests to return to their country of origin.

FCA Article 1

Question 36

Dockets:

A

AS

B

C

D

Answer 36

Adoption

Adoption Surrender

Commitment of Guardianship or Custody (termination of parental rights)

Conciliation

Delinquency

Question 37

Dockets:

E

F

G

K

L

Answer 37

Designated Felony Delinquency

Support

Guardianship

Foster Care Review

Approval of Foster Care Placement

Question 38

Dockets:

M

N or NN or NA

O

P

R

Answer 38

Consent to Marry

Neglect, Neglect only, Abuse

Family Offenses

Paternity

Referred from Supreme Court (except delinquency)

Question 39

Dockets:

S

U

V

W

Z

Answer 39

PINS

UIFSA Uniform interstate family support law

Custody of Minors

material witness

misc.